The majority of the court ruled that the circuit court incorrectly granted summary judgment for the commission and that Lampley and Frost should have been allowed to show whether the alleged sexual stereotyping motivated their employer's alleged discriminatory conduct.
(223) Because the court noted that "addressing charges of sex discrimination based upon sexual stereotyping evidence [wa]s an important issue [it] ha[d] not addressed," the court used its discretion to allow the matter to proceed despite any procedural deficiencies.
In her judgment she stated that there is no place for sexual stereotyping in sexual assault cases and no inference should be drawn about a complainant's credibility about how a victim of sexual assault is to react to the trauma.
New anti-discrimination regulations announced by the Obama Administration in June mean that no one in the health care system (providers or insurers) can discriminate against any person based on gender, gender identity, or sexual stereotyping. That's good news for LBGTQ folks as well as for women.
Some courts have also been receptive to claims based on "sexual stereotyping." In these cases, employees claim that they were discriminated against because they do not conform to traditional gender roles or stereotypes (for example, he is not "man" enough or she is not "woman" enough).